[A2k] EIFL statement on broadcasting

Teresa Hackett teresa.hackett at eifl.net
Mon May 28 03:56:06 PDT 2018


WIPO STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS

36th Session: Geneva, 28 May -1 June 2018

Agenda item 5: Protection of broadcasting organizations

I'm speaking on behalf of Electronic Information for Libraries (EIFL).

We thank the Delegations of Argentina, Brazil and Chile for their proposal
on Limitations and Exceptions to advance discussions on the broadcast
treaty (document SCCR/35/10).

We appreciate the inclusion of Limitations and Exceptions in document
SCCR/35/12 Revised Consolidated Text on Definitions, Object of Protection,
Rights to be Granted and other Issues.

However as currently drafted, they are optional and narrow when they need
to be mandatory and broader. Here’s why.

Awarding new legal protection for the programme-carrying signal in effect
puts a fence around the content that is broadcast.

In order to allow continued legal access to that underlying content, there
must be a mechanism for institutions such as libraries to get access. The
mechanism is L&Es.

Since the intention of the treaty is to protect against signal theft, not
block access to third party content transmitted by the broadcast signal,
clear safeguards to ensure access for social, educational and public
interest purposes is necessary.

To illustrate, I will share four examples of diverse uses of broadcast
material by different types of libraries - university, national and public
libraries.

In Botswana, the University of Botswana Library has a collection of
historical films, the most popular are on black history. Students watch and
analyse the films as primary research material for their studies.

In Armenia, lecturers at the American University of Armenia show
documentary films in the library for students studying topics such as human
rights and genocide studies.

Public libraries in Botswana provide access to a wide range of radio and TV
shows for educational and community purposes. Popular broadcast events
include the Opening of Parliament, Independence Celebrations, and
Presidents Celebrations in June and July.  For children, their favourites
are wildlife programmes.

In Lithuania, the National Library has a cinema where patrons can
participate in educational programmes and creative workshops about TV,
film, and cinema. The library encourages directors to organize
presentations of their work, and film fan communities hold movie watching
sessions, discussions and meetings.

It would be terrible if the treaty caused significant unintended
consequences for public institutions in using such broadcast content, for
example, by making rights clearance more time-consuming and complex,
increasing transaction costs for publicly funded institutions, or causing
the activities to be stopped altogether because it was too expensive or
legally risky.

But without exceptions to the new right this is exactly the scenario we
might have.

Especially when the proposed term of protection that is 50 years from the
end of the year in which the programme-carrying signal was transmitted.

To avoid unintended consequences that would be harmful to education and
society, or spill over to content that is in the public domain, or that is
licensed under an open content licence, robust exceptions are needed.

We draw your attention to Limitations and Exceptions in document SCCR/27/2
REV Alternative C for Article 10 that would be a good basis for discussion.

Thank you.


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